S. 985 (89th): An Act to regulate interstate and foreign commerce by preventing the use of unfair or deceptive methods ...
...of pacltaging or labeling of certain consumer commodities distributed in such commerce, and for other purposes
1296 PUBLIC LAW 89-755-NOV. 3, 1966 [80 STAT. (c) The last sentence of section 305(e) of the National Housing 71 S t a t . 2 9 9 . 12 use 1 7 2 0 . Act is amended by striking out "supplementing" and inserting in lieu thereof "supplementary", 68 Stat. 6 2 0 . 12 use 1 7 2 3 . (d) Section 308 of the National Housing Act is amended by strik- ing out " ( a ] " . 12 use 1731a. (e) Section 512 of the National Housing Act is amended by strik- ing out "or I X " and inserting in lieu thereof " I X , X , or X I " . 12 use 1749aa, (f) Section 1001(c) of the National Housing Act is amended by striking out " 'mortgage' " and inserting in lieu thereof " 'mort- gagee' ". 12 use 1702. (g) Section 1 of the National Housing Act is amended by striking out "and X " wherever it appears and inserting in lieu thereof " X , and X I " . 69 Stat. 6 3 6 . 12 use 1 7 1 5 e (h) Section 102(h) of the Housing Amendments of 1955 is amended note, by striking out "section 213 of the National Housing Act, as amended, the Commissioner" and inserting in lieu thereof "section 213 of the National Housing Act, section 221(d)(3) of the National Housing Act, and section 101 of the Housing and Urban Development Act of 12 u s e 1 7 1 5 e , 1715Z, 1 7 0 1 s . 1965 (insofar as the provisions of such sections relate to cooperative housing), the Secretary of Housing and Urban Development", and by striking out "such section" each place it appears and inserting in lieu thereof "such sections". Approved November 3, 1966. Public Law 89-755 November 3 , 1966 AN A C T rs 9851 LJ ^ To regulate interstate and foreign commerce by preventing the use of unfair or deceptive methods of pacltaging or labeling of certain consumer commodities distributed in such commerce, and for other purposes. Be it enacted by the Senate and House of Representatives of the <.„H^''^ K ^K^^^A"! United States of America in Congress assembled. That this Act may and Labeling Act. , •, -, ,i ,/-ry • -rw i • TT i T » n^ be cited as the ^ h air Packaging and liabelmg Act". DECLARATION OF POLICY SEC. 2. Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods. P R O H I B I T I O N O F U N F A I R A N D DECEPTIVE P A C K A G I N G A N D I>ABELING SEC. 3. (a) I t shall be unlawful for any person engaged in the packaging or labeling of any consumer commodity (as defined in this Act) for distribution in commerce, or for any person (other than a common carrier for hire, a contract carrier for hire, or a freight forwarder for hire) engaged in the distribution in commerce of any packaged or labeled consumer commodity, to distribute or to cause to l)e distributed in commerce any such commodity if such commodity is contained in a package, or if there is affixed to tnat commodity a label, which does not conform to the provisions of this Act and of regulations promulgated under the authority of this Act.
80 STAT. ] PUBLIC LAW 89-755-NOV. 3, 1966 1297 (b) The prohibition contained in subsection (a) shall not apply to persons engaged in business as wholesale or retail distributors of con- sumer commodities except to the extent that such persons (1) are en- gaged in the packaging or labeling of such commodities, or (2) pre- scribe or specify by any means the manner in which such commodities are packaged or labeled. REQUIREMENTS A N D PROHIBITIONS SEC. 4. (a) No person subject to the prohibition contained in section 3 shall distribute or cause to be distributed in commerce any packaged consumer commodity unless in conformity with regulations which shall be established by the promulgating authority pursuant to section 6 of this Act which shall provide that— (1) The commodity shall bear a label specifying the identity of the commodity and the name and place of business of the manufacturer, packer, or distributor | (2) The net quantity of contents (in terms of weight, measure, or numerical count) shall be separately and accurately stated in a uniform location upon the principal display panel of that label; (3) The separate label statement of net quantity of contents appear- ing upon or affixed to any package— ( A ) ( i ) if on a package containing less than four pounds or one gallon and labeled in terms of weight or fluid measure, shall, unless subparagraph (ii) applies and such statement is set forth in accordance with such subparagraph, be expressed both in ounces (with identification as to avoirdupois or fluid ounces) and, if applicable, in pounds for weight units, with any remainder in terms of ounces or common or decimal fractions of the pound; or in the case of liquid measure, in the largest whole unit (quarts, quarts and pints, or pints, as appropriate) with any remainder in terms of fluid ounces or common or decimal fractions of the pint or quart; (li) if on a random package, may be expressed in terms of pounds and decimal fractions of the pound carried out to not more than two decimal places; (iii) if on a package labeled in terms of linear measure, shall be expressed both in terms of inches and the largest whole unit (yards, yards and feet, or feet, as appropriate) with any remain- der in terms of inches or common or decimal fractions of the foot or yard; (iv) if on a package labeled in terms of measure of area, shall be expressed both in terms of square inches and the largest whole square unit (square yards, square yards and square feet, or square feet, as appropriate) with any remainder in terms of square inches or common or decimal fractions of the square foot or square yard; (B) shall appear in conspicuous and easily legible type in distinct contrast (by typography, layout, color, embossing, or molding) with other matter on the package; (C) shall contain letters or numerals in a type size which shall be (i) established in relationship to the area of the principal dis- play panel of the package, and (ii) uniform for all packages of substantially the same size; and (D) shall be so placed that the lines of printed matter included in that statement are generally parallel to the base on which the package rests as it is designed to be displayed; and
1298 PUBLIC LAW 89-755-NOV. 3, 1966 [SO STAT. (4) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity con- tained in such package shall bear a statement of the net quantity (in terms of weight, measure, or numerical count) of each such serving. ag*e]^f"'*°'" ^^''^' (5) For purposes of paragraph (3) (A) (ii) of this subsection the term "random package" means a package which is one of a lot, ship- ment, or delivery of packages of the same consumer commodity with varying weights, that is, packages with no fixed weight pattern. (b) No person subject to the prohibition contained in section 3 shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection ( a ) , but nothing in this subsection or in para- graph (2) of subsection (a) shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents: Provided, That such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package, ADDITIONAL REGULATIONS SEC. 5. (a) The authority to promulgate regulations under this Act is vested in (A) the Secretary of Health, Education, and Welfare (re- \^ ferred to hereinafter as the "Secretary") with respect to any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 201 of the Federal Food, Drug, and Cosmetic Act 52 Stat. 1040. (21 U.S.C. 321); and (B) the Federal Trade Commission (referred to hereinafter as the "Conmiission") with respect to any other consumer commodity. (b) If the promulgating authority specified in this section finds that, because of the nature, form, or quantity of a particular consumer com- modity, or for other good and sufficient reasons, full compliance with all the req^uirements otherwise applicable under section 4 of this Act is impracticable or is not necessary for the adequate protection of con- sumers, the Secretary or the Commission (whichever the case may be) shall promulgate regulations exempting such commodity from those requirements to the extent and under such conditions as the promulgat- ing authority determines to be consistent with section 2 of this Act. (c) Whenever the promulgating authority determines that regula- tions containing prohibitions or requirements other than those pre- scribed by section 4 are necessary to prevent the deception of con- sumers or to facilitate value comparisons as to any consumer commod- ity, such authority shall promulgate with respect to that commodity regulations etfective to— (1) establish and define standards for characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of con- tents of packages containing such commodity, but this paragraph shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages which may be used to enclose any commodity;
80 STAT. ] PUBLIC LAW 89-755-NOV. 3, 1966 1299 (2) regulate the placement upon any package containing any commodity, or upon any label affixed to such commodity, of any printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents; (3) require that the label on each package of a consumer com- modity (other than one which is a food within the meaning of section 201(f) of the Federal Food, Drug, and Cosmetic Act) 2? nsr 1040. 21 u s e 3 2 1 . bear (A) the common or usual name of such consumer commodity, if any, and (B) in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this paragraph shall be deemed to require that any trade secret be divulged; or (4) prevent the nonfunctional-slack-fill of packages containing consumer commodities. For purposes of paragraph (4) of this subsection, a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than (A) protection of the con- tents of such package or (B) the requirements of machines used for enclosing the contents in such package. (d) Whenever the Secretary of Commerce determines that there is undue proliferation of the weights, measures, or quantities in which any consumer commodity or reasonably comparable consumer com- modities are being distributed in packages for sale at retail and such undue proliferation impairs the reasonable ability of consumers to make value comparisons with respect to such consumer commodity or commodities, he shall request manufacturers, packers, and distributors of the commodity or commodities to participate in the development of a voluntary product standard for such commodity or commodities under the procedures for the development of voluntary products standards established by the Secretary pursuant to section 2 of the Act of March 3, 1901 (31 Stat. 1449, as amended; 15 U.S.C. 272). ^^ ^tat. 371 Such procedures shall provide adequate manufacturer, packer, dis- tributor, and consumer representation. (e) If (1) after one year after the date on which the Secretary of Commerce first makes the request of manufacturers, packers, and dis- tributors to participate in the development of a voluntary product standard as provided in subsection (d) of this section, he determines that such a standard will not be published pursuant to the provisions of such subsection ( d ) , or (2) if such a standard is published and the Secretary of Commerce determines that it has not been observed, he shall promptly report such determination to the Congress with a state- ment of the efforts that have been made under the voluntary standards program and his recommendation as to whether Congress should enact legislation providing regulatory authority to deal witli tlie situation in question. PROCEDURE FOR PROMULGATION OB" RE(}ULA'1'10NS SEC. 6. (a) Regulations promulgated by the Secretary under section 4 or section 5 of this Act shall be promulgated, and shall be subject to
1300 PUBLIC LAW 89-755-NOV. 3, 1966 [80 STAT. judicial review, pursuant to the provisions of subsections (e), (f), and (g) of section 701 of the Federal Food, Drug, and Cosmetic Act (21 7o^statr 919°^^' U.S.C. 371 (e), (f), and (g). Hearings authorized or required for the promulgation of any such regulations by the Secretary shall be con- ducted by the Secretary or by such officer or employee of the Depart- ment of Health, Education, and Welfare as he may designate for that purpose. (b) Regulations promulgated by the Commission under section 4 or section 5 of this Act shall be promulgated, and shall be subject to judicial review, by proceedings taken in conformity with the provisions of subsections (e)j ( f ) , and (g) of section 701 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371 (e), (f), and (g)) in the same manner, and with the same effect, as if such proceedings were taken by the Secretary pursuant to subsection (a) of this section. Hearings authorized or rec[uired for the promulgation of any such regulations by the Commission shall be conducted hy the Commission or by such officer or employee of the Commission as the Commission may designate for that purpose. (c) I n carrying into effect the provisions of this Act, the Secretary and the Commission are authorized to cooperate with any department or agency of the United States, with any State, Commonwealth, or possession of the United States, and with any department, agency, or political subdivision of any such State, Commonwealth, or possession. (d) No regulation adopted under this Act shall preclude the con- tinued use of returnable or reusable glass containers for beverages in inventory or with the trade as of the effective date of this Act, nor shall any regulation under this Act preclude the orderly disposal of packages in inventory or with the trade as of the effective date of such regulation. ENFORCEMENT SEC. 7. (a) Any consumer commodity which is a food, drug, device, or cosmetic, as each such term is defined by section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321), and which is intro- duced or delivered for introduction into commerce in violation of any of the provisions of this Act, or the regulations issued pursuant to this Act, shall be deemed to be misbranded within the meaning of chapter 21 use 331-337. j j j ^f ^j^g Federal Food, Drug, and Cosmetic Act, but the provisions of section 303 of that Act (21 U.S.C. 333) shall have no application to any violation of section 3 of this Act. (b) Any violation of any of the provisions of this Act, or the regula- tions issued pursuant to this Act, with respect to any consumer com- modity which is not a food, drug, device, or cosmetic, shall constitute an unfair or deceptive act or practice in commerce in violation of 15 use' 4"^' section 5 (a) of the Federal Trade Commission Act and shall be subject to enforcement under section 5(b) of the Federal Trade Commission 52 Stat. 112. Act. (c) In the case of any imports into the United States of any consumer commodity covered by this Act, the provisions of sections 4 and 5 of this Act shall be enforced by the Secretary of the Treasury pursuant to section 801 (a) and (b) of the Federal Food, Drug, and Cosmetic eilTisT'-' Act(21U.S.C.381). REPORTS TO THE CONGRESS SEC. 8. Each officer or agency required or authorized by this Act to promulgate regulations for the packaging or labeling of any consumer commodity, or to participate in the development of voluntary product
80 STAT. ] PUBLIC LAW 89-755-NOV. 3, 1966 1301 standards with respect to any consumer commodity under procedures referred to in section 5(d) of this Act, shall transmit to the Congress in January of each year a report containing a full and complete descrip- tion of the activities of that officer or agency for the administration and enforcement of this Act during the preceding fiscal year. COOPERATION W I T H STATE A U T H O R I T I E S SEC. 9. (a) A copy of each regulation promulgated under this Act shall be transmitted j)romptly to the Secretary^ of Commerce, who shall (1) transmit copies thereof to all appropriate State officers and agencies, and (2) furnish to such State officers and agencies informa- tion and assistance to promote to the greatest practicable extent unir formity in State and Federal regulation of the labeling of consumer commodities. (b) Nothing contained in this section shall be construed to impair or otherwise interfere with any program carried into effect by the Secre- tary of Health, Education, and Welfare under other provisions of law in cooperation with State governments or agencies, instrumentalities, or political subdivisions thereof. DEFINITIONS SEC. 10. For the purposes of this Act— (a) The term "consumer commodity", except as otherwise specifically provided by this subsection, means any food, drug, device, or cosmetic (as those terms are defined by the Federal Food, Drug, and Cosmetic Act), and any other article, product, or commodity of any kind or class ^i use 321. which is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which usually is consumed or expended in the course of such consumption or use. Such term does not include— (1) any meat or meat product, poultry or poultry product, or tobacco or tobacco product; (2) any commodity subject to packaging or labeling require- ments imposed by the Secretary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, or the pro- 7^us'c'i35^note visions of the eighth paragraph under the heading "Bureau of Animal Industry" of the Act of March 4,1913 (37 Stat. 832-833; 21 IJ.S.C. 151-157), commonly known as the Virus-Serum-Toxin Act; (3) any drug subject to the provisions of section 503(b) (1) or 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353 (b) (1) and 356) ; es stat. 648; (4) any beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Admin- istration Act (27 U.S.C. 201 et seq.); or 49 stat. 977. (5) any commodity subject to the provisions of the Federal Seed Act (7 U.S.C. 1551-1610). 53 stat. 1275. (b) The term "package" means any container or wrapping in which any consumer commodity is enclosed for use in the delivery or display of that consumer commodity to retail purchasers, but does not include— (1) shipping containers or wrappings used solely for the trans- portation of any consumer commodity in bulk or in quantity to
1302 PUBLIC LAW 89-755-NOV. 3, 1966 [80 STAT. manufacturers, packers, or processors, or to wholesale or retail distributors thereof; (2) shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if such con- tainers and wrappings bear no printed matter pertaining to any particular commodity; or (8) containers subject to the provisions of the Act of August 3, 1912 (37 Stat. 250, as amended; 15 U.S.C. 231-233), the Act of March 4, 1915 (38 Stat. 1186, as amended; 15 U.S.C. 234-236), the Act of August 31, 1916 (39 Stat. 673, as amended; 15 U.S.C. 251-256), or the Act of May 21, 1928 (45 Stat. 685, as amended; 15 U.S.C. 257-2571). (c) The term "label" means any written, printed, or graphic matter affixed to any consumer commodity or affixed to or appearing upon a package containing any consumer commodity. (d^ The term "person" includes any firm, corporation, or association. (e) The term "commerce" means (1) commerce between any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, and any place outside thereof, and (2) commerce within the District of Columbia or within any territory or possession of the United States not organized with a legislative body, but shall not include exports to foreign countries. (f) The term "principal display panel means that part of a label that is most likely to be displayed, presented, showm, or examined under normal and customary conditions of display for retail sale. SAVING PROVISION SEC. 11. Nothing contained in this Act shall be construed to repeal, invalidate, or supersede— 15 usc'ssV* (^) t^® Federal Trade Commission Act or any statute defined therein as an antitrust Act; 21 u?c 30 u ' (b) the Federal Food, Drug, and Cosmetic Act; or 74 Stat. 3 72*. (c) the Federal Hazardous Substances Labeling Act. 15 u s e 1261 note. EFFECT UPON STATE LAW SEC. 12. I t is hereby declared that it is the express intent of Congress to supersede any and all laws of the States or political subdivisions thereof insofar as they may now or hereafter provide for the labeling of the net quantity of contents of the package of any consumer com- modity covered by this Act which are less stringent than or require information different from the requirements of section 4 of this Act or regulations promulgated pursuant thereto. EFFECTIVE DATE SEC. 13. This Act shall take effect on July 1, 1967: Provided, That the Secretary (with respect to any consumer commodity which is a food, drug, device, or cosmetic, as those terms are defined by the Federal 52 Stat. 1040. FooQ, Drug, aud Cosmetic Act), and the Commission (with respect 21 u s e 321. to any other consumer commodity) may by regulation pc^tpone, for an additional twelve-month period, the effective date of this Act with respect to any class or type of consumer commodity on tJie basis of a finaing that such a postponement would be in the public interest. Approved November 3, 1966.